A man complained to the Local Government and Social Care Ombudsman that The Grange Care Home had agreed to refund his mother’s estate money it had received as FNC payments, but then the care home then went back on this verbal agreement and did not refund the money.

The Ombudsman’s investigation found the provider’s contract at the time of the events was not clear about what would happen to FNC payments. The Ombudsman asked the provider to reissue the mother’s final invoice deducting the FNC payments it received.

The provider has since amended its contract and issued this to all residents, but it has not provided the financial remedy the Ombudsman recommended.

The Ombudsman has now issued an Adverse Findings Notice against the provider and will be sharing this with care regulator, the Care Quality Commission.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said:

“This case highlights the importance of care providers having clear contracts which state what will happen when a client is in receipt of FNC payments, as emphasised in guidance issued by the Competition and Markets Authority and the CQC regulations.

“At the time the woman was living in the home, the provider’s contract was silent on this exact scenario, and so I have asked the care provider to deduct these payments from any outstanding amount remaining on her account.

“I am disappointed the care home continues to argue it should not have to do so. I am not satisfied the provider has fully remedied the financial injustice to the woman’s family and urge it to do so at the earliest opportunity.”

Article date: 28 November 2024